[RPPTL-constructionlaw] "Occurance" v. "Manifestation" when a GC pursues insurance under JSUB

[Robert H. Buesing]

As Chris Weiss told us last week, a common fact pattern in Florida is
slow, progressive water damage which is latent until there is an outward
manifestation.  I mentioned that for CGL insurance purposes under JSUB
where a general contractor claims that a sub's poor work led to the
damage, there is a hotly contested issue as to  when insurance coverage
is triggered.  This issue may be resolved by the 1st DCA when it reviews
the attached Circuit Court Order.  Amerisure has expressed a desire to
make this a test case to resolve this issue under Florida law.
 
Several Committee members asked me to forward the briefs in this recent
case.  While the briefs are long the issue can be summed up as is there
insurance  coverage as the damage is occurring (even if not known until
later) or must there be an outward manifestation to trigger coverage?
 
If this version stands, this will benefit general contractors who had
older policy forms that did not expressly exclude this coverage, as most
of the newer ones do.  I hope this is helpful to the Committee members.
 
 
Robert H. Buesing
Attorney
Trenam Kemker
101 E. Kennedy Boulevard, Suite 2700
Tampa, FL 33602
Direct: 813.227.7462 Phone: 813.223.7474 Fax: 813.227.0462
rbuesing at trenam.com
www.trenam.com<http://www.trenam.com/SignatureImages/TK-RobertBuesing.gi
f> 

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